ORDER :

PRAYER : Criminal Original Petition filed under Section 482 of the Criminal Procedure Code, to call for the records pursuant to the charge sheet in STC.No.1393 of 2011 on the file of the Judicial Magistrate, Devakottai and quash the same.

“Sometimes obvious things become imperceptible through legal brain thought proceedings.”

Such situation raised by the petitioner in this case at the cost of violence to the meaning of Section 31 of the Protection of Women from Domestic Violence Act, 2005, (hereinafter called as “the DV Act”) by raising the following question :

“Whether the non-payment of maintenance amount is a breach of protection order for which the law enforcing authority has jurisdiction to register the Criminal case under Section 31 of the Act?”

2. The husband of the second respondent filed this quash petition to quash the S.T.C.No.1393 of 2011 on the file of the learned Judicial Magistrate, Devakottai, which emanated from the FIR in Crime No.228 of 2011 registered for the offence under Section 31 of the DV Act.

3. On 21.08.1989, the petitioner married one Kanikaimarry, who is the second respondent herein and out of marriage, they are blessed with two female children. In t